États-Unis d'Amérique
Droit d'auteur et droits connexes
7. Article 51 of Sweden’s Copyright Law refers to the public performance or reproduction of a work in a manner that violates “cultural interests.” Please explain the meaning of the term “cultural interests”, describe the nature of the violations that the law covers by this provision, and explain how Article 51 complies with Article 13 of the TRIPS Agreement.
Article 51 of the Copyright Act deals with what may be referred to as an extended protection of the moral rights in classical works. It aims at preventing such exploitation of works (mainly such where the term of protection has expired) which would imply a grave prejudice to the moral or aesthetic value of classical work. It is unimaginable that such an exploitation would constitute (under the terms of Article 13 of the TRIPS Agreement) a normal exploitation of the work and whose prevention would unreasonably prejudice the legitimate interests of the rightholder. It should be added that the provision has never been used in practice.